Legal Question in Criminal Law in New York

My charge is assault 2 intent to cause physical injury with weapon and act in manner injure child less than 17 2 class a misdemeanor. The DA offered class b misdemeanor assault with weapon. I am a Registered Nurse and if i take the misdemeanor charge i will not be able to work. The event happened btw my boyfriend and i five months ago. We had a hugh argument. My boyfriend spoke to the DA and told her that it was an accident and would not press charges. We currently live together and would like to move forward from all of this. I was arrested and trialed the next day. A order of protection was placed so that i would not be able to see my boyfriend. Since then i have been to court and the order was dropped to a limited. Like i said we live together and things are fine btw us. I go to therapy every week and have shown that to the DA. They still want to give me the charge. Last court date was Dec 21 and my PUBLIC DEFENDER, told the judge we will not take the charge and we would like to go to the grand jury. He is convinced that the DA will budge and drop the charge, because this is not a profound case to take it to county court. i am scared and need some advice on how to settle outside of county court. I live on unemployment and have had many job offers but due to this pending charge my background check shows these charges and employers are not willing to hired me without a certificate of disposition. I have a six month old baby and my botfriend is also unemployed.


Asked on 12/23/10, 5:55 am

1 Answer from Attorneys
peter bark bark & karpf

I would need more facts, but assuming they cannot prove a case against you without the cooperation of your boyfriend, your boyfriend has the right not to cooperate with anyone, including your lawyer or the DA. His only obligation is to respond to a valid subpoena and answer truthfully any questions put to him in a courtroom or grand Jury. If ha has previously made a statement that is different from the truth, he made plead the fifth amendment and refuse to answer questions unless he is granted immunity. He should consult a lawyer to assist him.

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Answered on 12/28/10, 8:58 am


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